Nearly Legal was brought up with chickens (not by chickens - a vital distinction. No poultry played a parental role at all. Oh no). After decades, and not a little intensive therapy, the metaphorical, if not the literal, scars seemed to have faded. Immersed...
Grant Shapps on flexible tenancies and Pinnock
Grant Shapps has given A statement to Inside Housing on his view of the impact of Pinnock v Manchester and Powell v Hounslow on the plans for flexible tenancies. The short answer is not a lot. He points to the 'exceptional case' provision and the presumption...
A Return to Parliament Square
The Mayor of London (Greater London Authority) v Haw & Ors [2011] EWHC 585 (QB) You may remember that there has been some previous litigation (the most crucial of which we reported on here) between the Mayor of London and various persons protesting on or...
What to do?
Carmarthenshire CC v Lewis [2010] EWCA Civ 1567 Another tug of the forelock to 'Recent developments in housing law' in Legal Action for this one, apparently unreported elsewhere. [Update 14/03/11 - we've had a message from Carmarthenshire on this case, see...
Unwillingly at will
Katana & Anor v Catalyst Communities Housing [2010] EWCA Civ 630 A slight oddity of a case, an application for permission to appeal, not strictly a housing matter, despite the Respondent. But it is of interest in the way it deals with tenancies at will CCH...
This is a local town for local people …
Forgive the slight delay, but DCLG published their summary of responses to their Consultation on Local Decisions: A Fairer Future for Social Housing (which we discussed here) on 28 Feb. The outcome of the consultation appears to be, um, full steam ahead on...
You gotta have an opinion
Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We've also ended up writing this as something of a tag team. Chief...
Hounslow v Powell newsflash
The judgment in London Borough of Hounslow v Powell [2011] UKSC 8 (Aka, Powell, Hall and Frisby) is out. We have a detailed post coming shortly on this significant judgment on proportionality defences after Pinnock, but for now, the headlines are:...
No admittance
Sharon Horie v the United Kingdom - 31845/10 [2011] ECHR 289 Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction - a...
Turning european?
The UKSC judgment in Birmingham CC v Frisby, Leeds CC v Hall, Hounslow LBC v Powell is due on Wednesday 23 February (court Room 1 at 9.45). The background in the CA and the foreground (Pinnock) have been discussed in previous posts (here and here) to whet...
Forcelux bound (a little bit)
London Borough of Hackney v Findlay [2011] EWCA Civ 8 This was the Court of Appeal hearing of an appeal on the issues raised in Forcelux v Binnie [2009] EWCA Civ 854 [Our report here], specifically the Court's ability to set aside a possession order under...
Request for information
The Landlord and Tenant Act 1985 contains various protections for leaseholders and assured tenants against unreasonable service charges (see, e.g. s.19, 1985 Act). By s.26, 1985 Act, tenancies granted by local authorities, National Park authorities or a new...